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DEVITT v. HAYES

No. 19098.

551 N.W.2d 298 (1996)

1996 SD 71

Gregory G. DEVITT, Plaintiff and Appellant, v. Rodman HAYES and Shirley Hayes, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 12, 1996.

Rehearing Denied July 17, 1996.

Attorney(s) appearing for the Case

Patrick J. Kane, Sioux Falls, for plaintiff and appellant.

Richard A. Johnson of Strange, Farrell, Johnson & Casey, Sioux Falls, for defendants and appellees.

AMUNDSON, Justice.

[¶ 1] Gregory G. Devitt (Devitt) appeals from the trial court's dismissal of his suit against Rodman and Shirley Hayes (Hayes). We affirm.

FACTS

[¶ 2] After investigating what was causing his bean fields to flood, Devitt initiated a small claims action against Hayes in March 1993.1 Hayes, through his attorney, moved to have the action removed to the circuit court for a trial by jury pursuant...

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